Form I-130 guide: Petition for Alien Relative

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

The official name of I-130 is Form I-130, Petition for Alien Relative, and it is handled by U.S. Citizenship and Immigration Services (USCIS). It is the first step for a U.S. citizen or green card holder (lawful permanent resident) to immigrate a foreign relative: the U.S. family member, as the petitioner, proves to USCIS that a legally recognized family relationship exists with the beneficiary.

One point is essential to understand: I-130 answers only one question, "Does the family relationship exist, and does it fall in a category that can be petitioned for?" Approval by itself gives the beneficiary no status and does not prevent removal. After approval, the beneficiary still has to wait for an available immigrant visa number and then obtain a green card either through consular processing outside the United States (through the National Visa Center, NVC, and a U.S. embassy or consulate) or through adjustment of status inside the United States (I-485). For an overview of the categories, start with Family-based immigration: who can petition for whom?.

At a glance

Item	Details
Official name	Form I-130, Petition for Alien Relative
Agency	USCIS (in a very small number of situations it may be accepted abroad by a USCIS international office or a U.S. embassy or consulate; check the official rules)
Who files	A U.S. citizen or green card holder (the petitioner), for a foreign relative (the beneficiary)
When to file	As soon as the family relationship exists; there is no deadline. If eligible, it can be filed together with I-485
Online filing?	USCIS lists I-130 as a form that can be filed online; a package filed together with I-485 usually must be mailed on paper. Check the official page for details
Common companion forms	I-130A (spouse beneficiary), I-485, I-864, I-765, I-131, DS-260, G-28, G-1145
Official page	uscis.gov/i-130

Who can file I-130 for whom

U.S. citizens can file for

A spouse (immediate relative, not subject to annual limits);
Unmarried children under 21 (immediate relatives);
Parents: the U.S. citizen must be at least 21 (immediate relatives);
Unmarried sons and daughters 21 or older (first preference, F1);
Married sons and daughters (any age, third preference, F3);
Brothers and sisters: the U.S. citizen must be at least 21 (fourth preference, F4).

Green card holders can file for

A spouse and unmarried children under 21 (F2A);
Unmarried sons and daughters 21 or older (F2B).

Situations I-130 does not cover

Green card holders cannot file for parents, brothers and sisters, or married sons and daughters;
Grandparents, grandchildren, aunts and uncles, cousins, parents-in-law and other in-laws are not eligible relationship categories;
Stepparent and stepchild relationships: the marriage that created the relationship must have taken place before the child turned 18;
Adoptive relationships: the adoption generally must be completed before the child turns 16 (with exceptions in sibling cases), and conditions such as joint residence and legal custody must be met. The rules are detailed and require a case-by-case assessment;
A fiancé(e) cannot be petitioned for through I-130. A U.S. citizen can file I-129F for a fiancé(e) to apply for a K-1 visa; green card holders have no fiancé(e) visa option and must marry first and then file I-130 for the spouse.

Each beneficiary needs a separate I-130. In the preference categories (F1, F2A, F2B, F3, F4), the beneficiary's spouse and unmarried children under 21 can generally wait in line with the beneficiary as "derivative beneficiaries" without a separate petition. The immediate relative categories (such as the spouse of a U.S. citizen), however, have no derivative beneficiaries, so the spouse's children need their own petitions (and only if they qualify as stepchildren).

Legal basis and eligibility

Immediate relatives: Immigration and Nationality Act (INA) section 201(b)(2)(A)(i) — spouses, unmarried children under 21 and parents (the citizen must be at least 21) of U.S. citizens are not subject to annual limits.
Preference categories: INA section 203(a) sets out four family preference categories (F1, F2A/F2B, F3, F4), which are subject to annual and per-country limits and require waiting for a priority date to become current. See How to read the Visa Bulletin.
Petition procedure: INA section 204; regulations at 8 CFR 204.1 and 204.2.
Marriage fraud bar: INA section 204(c). If the beneficiary has ever entered into, or attempted to enter into, a marriage to evade the immigration laws, no petition filed for that person by anyone can later be approved. This is a lifetime consequence.
A person who got a green card through a prior marriage petitioning for a new spouse: INA section 204(a)(2). If a green card holder who obtained status through marriage files I-130 for a new spouse within 5 years, the petitioner must prove by "clear and convincing evidence" that the prior marriage was not entered into for immigration purposes, unless the prior marriage ended because the spouse died.
Marriage during removal proceedings: INA sections 204(g) and 245(e). If the beneficiary married while immigration court proceedings were pending, the marriage generally must be shown to be genuine by "clear and convincing evidence" (the "bona fide marriage exception"), with a written request, usually submitted together with the evidence alongside the I-130.
Adam Walsh Act: If the U.S. citizen or green card holder has been convicted of certain specified offenses against minors, the petition cannot be approved unless the Department of Homeland Security determines that the petitioner poses no risk to the beneficiary.

In addition, the marriage must be legally valid where it took place. A proxy marriage (where one or both parties were not present) is recognized for immigration purposes only if the marriage was later consummated. When a father files for a child born out of wedlock, he must show that the child was legitimated before age 18, or that a bona fide parent-child relationship existed while the child was unmarried and under 21.

Changes to know about in 2025–2026

Stricter review and possible Notices to Appear: In August 2025, USCIS updated Volume 6, Part B (family-based immigrants) of its Policy Manual, applying to petitions filed or pending on or after August 1, 2025. It reiterates that the family relationship must be "genuine, verifiable and legally valid," expands the guidance on evidence and interviews, and makes clear that I-130 confers no status. If the beneficiary is removable, USCIS may issue a Notice to Appear (NTA) under its policies. A beneficiary in the United States without lawful status should have an attorney assess the risk before filing.
Payment methods: Starting October 28, 2025, USCIS generally switched to electronic payment for paper filings (for example, card payment with G-1450 or a debit from a U.S. bank account with G-1650) and no longer accepts checks and money orders; exceptions are as stated in the official guidance.
Online filing may become mandatory: In August 2026, the Department of Homeland Security issued a rule allowing USCIS, after public notice, to require online filing for forms that have been available for online filing for some time. I-130 can be filed online; check before filing whether online filing has become mandatory.
Form editions: USCIS has updated family-based form editions several times in recent years, and an older edition may be rejected. Before filing, check the "Edition Date" on the official page and whether older editions are accepted.
Country-specific limits on visa issuance: In 2025–2026 the United States suspended or restricted immigrant visa issuance for nationals of certain countries, and the policies have changed often. If you are going through consular processing, check the latest rules before filing.

Filling it out, part by part

Part 1: Relationship

Check your relationship to the beneficiary (spouse, parent, brother/sister, child). For child and parent relationships you must also indicate whether the child was born in wedlock, born out of wedlock, a stepchild or adopted. For siblings you must indicate whether the relationship is through adoption. The form also asks whether you obtained your status or citizenship through adoption. A wrong choice here means none of the evidence that follows will match.

Part 2: Information About You (the petitioner)

Enter your name as shown on your identity documents, and list all other names used (including maiden names, different romanized spellings, and English names);
Your address history for the past 5 years, marital history (including all prior marriages and the dates they ended), parents' information, and employment for the past 5 years;
How you obtained citizenship (birth, naturalization, through parents) or your green card (date, place and category). If you obtained your green card through marriage, pay special attention to the 5-year rule under INA 204(a)(2) described above.

Part 3: Biographic Information (petitioner)

Ethnicity, race, height, weight, eye and hair color — simply fill these in accurately.

Part 4: Information About Beneficiary

The beneficiary's full name, other names used, birth information, A-Number (if any) and Social Security number (if any);
Whether the beneficiary is in the United States, date of last arrival, I-94 number, status at entry and the date status expires (for a beneficiary in the United States, this must match the I-94 record);
The beneficiary's marital history and a list of spouse and children (in the preference categories, this determines who can be a derivative beneficiary);
Whether the beneficiary has ever been in immigration court proceedings in the United States;
The beneficiary's name and address written in their native script (for example, a Chinese beneficiary usually needs to enter their name and address in Chinese);
Processing path: indicate the city of the USCIS office in the United States where the beneficiary will adjust status, or the U.S. embassy or consulate abroad where they will apply for an immigrant visa. Leaving this blank or filling in both may send the case in the wrong direction and delay later steps;
The address and dates where the spouses last lived together (spousal petitions).

Part 5: Other Information

Whether you have previously filed I-130 for this beneficiary or anyone else, and petitions you are filing at the same time for other relatives. USCIS can see your past filings, so list them truthfully and completely.

Parts 6–9: Statement, signature, interpreter and preparer, additional information

The petitioner must sign by hand; unsigned forms will be rejected;
If someone interpreted the form for you, or an attorney or another person prepared it for you, complete the interpreter and preparer sections, respectively;
Anything that does not fit goes in Part 9 (Additional Information), noting the page, part and item number it relates to.

Common mistakes

Leaving out the beneficiary's prior marriages or children, which then show up on DS-260 or I-485 and create inconsistencies;
Wrong entry date or I-94 information for a beneficiary in the United States;
Forgetting to include I-130A when filing for a spouse;
Using an older form edition that is no longer accepted;
Choosing a processing path (adjustment of status in the U.S. / consular processing abroad) that does not match the actual plan.

Evidence and supporting documents

Proof of the petitioner's status (whichever applies)

U.S. birth certificate, valid U.S. passport (copy of the biographic page), Certificate of Naturalization or Certificate of Citizenship;
Green card holders: a copy of the front and back of the green card.

Proof of the relationship (by category)

Spouse: marriage certificate; proof that all prior marriages of both spouses legally ended (divorce decrees, death certificates of former spouses); evidence the marriage is genuine (living together, shared finances, photos, communications, etc. — see Marriage green cards); passport-style photos of both spouses as required by the instructions; and the beneficiary's I-130A.
Child: the child's birth certificate showing both parents' names; a mother filing needs only the birth certificate; a father filing for a child born in wedlock also needs the parents' marriage certificate; for a child born out of wedlock, proof of legitimation or of a bona fide parent-child relationship; for a stepchild, also the marriage certificate that created the step relationship; for an adopted child, the adoption decree and proof of joint residence and custody.
Parent: the petitioner's own birth certificate (showing the parents' names); when filing for a father, usually also the parents' marriage certificate.
Brother or sister: birth certificates of both the petitioner and the beneficiary, showing at least one common parent; for half-siblings, the relevant marriage certificates as well.

Common practice with documents from China (example)

For example, for applicants from mainland China, birth, marriage, divorce and family-relationship facts are usually documented with notarial certificates issued by a notary office, and copies of originals such as the marriage certificate, divorce certificate and household register (hukou booklet) are often submitted as supporting evidence. Every foreign-language document must come with a complete English translation and a translator's certification (stating that the translator is competent in both languages and that the translation is complete and accurate); see Translation requirements. In consular processing, at the NVC stage you will also need to submit civil documents according to the U.S. Department of State's published requirements for China; the requirements at the two stages are not exactly the same.

Other

If names do not match, include proof of the name change (for example, a change of surname after marriage);
If you have an attorney, include G-28;
If you want electronic notification, you can include G-1145.

How to file and fees

Online: A standalone I-130 can be filed through a USCIS online account, with scanned evidence uploaded.
Paper: Depending on the petitioner's address and whether I-485 is filed at the same time, the package goes to a different USCIS lockbox. Addresses change, so rely on the I-130 direct filing addresses page.
U.S. citizens living abroad: generally also file with USCIS in the United States; only in specific situations (such as military members, certain government personnel or emergencies) might an embassy or consulate or a USCIS international office accept the petition, and this must be confirmed in advance.
Fees: The filing fee may differ between online and paper filing, and fees change. Rely on the USCIS fee schedule (G-1055); see How to check fees and processing times. When I-130 is filed together with I-485 and other forms, USCIS recommends paying separately for each form so that a rejection of one does not affect the others; check the official guidance for details.

What happens after filing

Receipt notice (I-797C): After accepting the petition, USCIS issues a receipt with a 13-character case number you can use to check status online. See Checking your USCIS case status.
Biometrics: If USCIS requires it, a separate appointment notice for fingerprints and photos will be sent.
Request for Evidence (RFE): If the evidence is insufficient, USCIS issues an RFE, which must be answered by the deadline. See How to respond to an RFE.
Interview: USCIS may require the petitioner and beneficiary to attend an interview, which is especially common in spousal cases. When filed together with I-485, the I-130 and I-485 are usually decided at the same interview.
Decision: After approval, USCIS issues an approval notice (I-797). If the beneficiary is abroad or has chosen consular processing, the case moves to the NVC for fee payment, submission of DS-260, I-864 and civil documents, and the embassy or consulate interview; in the preference categories, the priority date must be current. An eligible beneficiary in the United States can file, or continue with, I-485.

Processing times vary widely by service center and category; check the USCIS processing times page. In the preference categories, the date USCIS formally receives the I-130 (the Received Date on the receipt notice) is the beneficiary's "priority date," and the wait is measured from that date — so filing early matters in itself.

Common reasons for denial and options after a denial

Common reasons

Insufficient evidence of the relationship, for example a delayed birth certificate or inconsistent information without other supporting evidence;
Doubts about whether the marriage is genuine, with clearly contradictory answers from the spouses at the interview;
A prior marriage fraud record for the beneficiary, triggering INA 204(c);
Failing to respond to an RFE by the deadline;
Step or adoptive relationships that do not meet the statutory age and other requirements;
Failing to meet the "clear and convincing" standard in situations such as the 5-year rule or marriage during removal proceedings.

Options after a denial

Appeal: Appeals of I-130 denials are decided by the Board of Immigration Appeals (BIA), using Form EOIR-29, filed with USCIS as instructed in the denial notice. The deadline is very short (follow the denial notice). This differs from most USCIS forms, which are appealed to the Administrative Appeals Office (AAO).
Motion to reopen or reconsider: Use I-290B where there are new facts or you believe the law was applied incorrectly.
Refiling: Filing a new I-130 with stronger evidence is often the more practical option, but if the denial involves a marriage fraud finding, have an attorney assess the case first.
Withdrawal: the petitioner can withdraw the petition before a decision is made, but a withdrawal cannot be undone and a new petition would have to be filed.

I-130 compared with similar forms

Form	Who files	Purpose
I-130	U.S. citizen or green card holder	Proves the family relationship and starts family-based immigration
I-130A	Included with an I-130 filed for a spouse	Provides background information on the foreign spouse (beneficiary) such as addresses, employment and parents; not filed on its own
I-129F	U.S. citizen	K-1 for a fiancé(e), or K-3 nonimmigrant visa for a spouse
I-360	Certain beneficiaries themselves (such as abused spouses or widow(er)s)	Self-petition; no U.S. relative is needed as petitioner
I-485	The beneficiary	Adjustment of status inside the United States to apply for a green card

Frequently asked questions

Once the I-130 is approved, can the beneficiary stay in the United States?

Not on the basis of the I-130 approval alone. I-130 gives no status and no work authorization. Whether the beneficiary can wait in the United States depends on their own visa status and whether they are eligible to file I-485.

I filed I-130 for my spouse as a green card holder and then naturalized. What happens?

An F2A petition filed by a green card holder for a spouse or minor child usually converts automatically to the immediate relative category once the petitioner naturalizes, and is no longer subject to the visa backlog. An F2B petition for an unmarried son or daughter 21 or older converts to F1 after naturalization; sometimes the F1 wait is actually longer, and the beneficiary can elect not to convert under the rules. Follow USCIS / NVC requirements for how to do this.

What happens if the beneficiary turns 21 while waiting?

A child "aging out" affects the category. The Child Status Protection Act (CSPA) can, under certain conditions, "freeze" or reduce the child's age; the calculation is complex. You can get an estimate with the CSPA calculator and then have an attorney confirm it.

Does the beneficiary getting married affect the I-130?

Yes. An unmarried son or daughter 21 or older of a U.S. citizen (F1) moves to F3 upon marriage; for unmarried children of a green card holder (F2A/F2B), the petition is automatically revoked upon marriage, because green card holders cannot petition for married children. Talk to an attorney before marrying.

If the petitioner dies, can the case continue?

In some cases, yes. INA section 204(l) allows a beneficiary residing in the United States to continue after the petitioner's death; an approved I-130 may also be eligible for humanitarian reinstatement. The spouse of a U.S. citizen may also consider self-petitioning on I-360 after the petitioner's death. This requires a case-by-case assessment.

Can one I-130 cover several children?

No. Each beneficiary needs a separate I-130. Only in the preference categories can the beneficiary's spouse and unmarried children under 21 be derivative beneficiaries.